UNLAWFUL FIREARMS
UNLAWFUL FIREARMS UNDERWASHINGTON LAW
RCW 9.41.190 is the Washington statute that sets forth the rules on unlawful firearms. Per this law, it is a crime for you to manufacture, transport, buy, own, sell, or possess any of the following:
- A machine gun,
- A short-barreled rifle,
- A short-barreled shotgun, and
- A component part to any of the above.
Note, though, that these rules do not apply to:
- Any peace officer in the discharge of his or her official duties, and
- Any officer or member of the armed forces of the U.S. or the State of Washington in the discharge of his or her official duties.
PENALTIES FOR UNLAWFUL FIREARMS
A violation of RCW 9.41.190 is a Class C felony under Washington law. A Class C felony is punishable by:
- Custody in state prison for up to 10 years, and/or
- A maximum fine of $10,000.
DEFENSES TO UNLAWFUL FIREARM CHARGES
You have the right to challenge an unlawful firearms charge with a legal defense. A common defense is for you to show that the law does not apply to you because you are a peace officer or a member of the armed forces.
Another common defense strategy is for your criminal defense lawyer to show that the police somehow violated your rights during your arrest or the investigation of your case. For example, maybe the authorities:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search and seizure.
If any of the above, then your defense counsel might be able to get your charges reduced or dismissed altogether.